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Z - Signed Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER , In the Matter of the Request to modify the existing Development Agreement of the Ten Mile and McMillan development(Inst.#2020-040967)for the purpose of amending a DA provision regarding cross access between the commercial properties and the senior living property,by Anne Kunkel,Varin Thomas,LLC. Case No(s). H-2022-0011 For the City Council Hearing Date of: June 14,2022 (Findings on June 28,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 14,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 14,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 14, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 14,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 14,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 14,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) -2- determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of June 14, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) -3- By action of the City Council at its regular meeting held on the 28th day of June 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-28-2022 Attest: Chris Johnson 6-28-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-28-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ten Mile&McMillan MDA—FILE#H-2022-0011) -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/14/2022 Legend �® DATE: Project Location RJMR-TO: Mayor&City CouncilC-C 'E6 FROM: Joseph Dodson,Associate Planner 8> �� 208-884-5533 L-O R_81 SUBJECT: H-2022-0011 MI$ N. C-G _!-O C-C R-15 Ten Mile and McMillan MDA le L-O —RUT I�I LLLL R-4 R-4 LOCATION: Project is located at the northeast corner of N. Ten Mile Road and W. McMillan R:g C-NA R-8 Road encompassing nine(9)parcels, in L-O RUT the SW 1/4 of the SW 1/4 of Section 26, R-4 Township 4N,Range 1 W. R'2 ! �� RUT I. PROJECT DESCRIPTION Request to modify the existing Development Agreement of the Ten Mile and McMillan development (Inst. #2020-040967) for the purpose of amending a DA provision regarding cross access between the commercial properties and the senior living property. IL APPLICANT INFORMATION A. Applicant: Anne Kunkel,Varin Thomas,LLC—242 North 8th Street, Ste, 220,Boise, ID 83702 B. Owners: See multiple affidavits of legal interest in public record for all owners that are part of the Development Agreement. Senior Living Owner: 55 Resort at Verona Place,LLC— 105 Decker Court, Ste. 460,Irving,TX 75062 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 5/29/2022 Pagel Radius notice mailed to properties within 500 feet 5/26/2022 Public hearing notice sign posted 6/3/2022 NextDoor Posting 5/25/2022 IV. STAFF ANALYSIS History The subject application encompasses nine(9)parcels surrounding the northeast corner ofN. Ten Mile Road and W. McMillan Road. These parcels were part of a Development Agreement Modification in 2020 and were removed from an existing Development Agreement(DA) for the purpose of entering into a new DA with a new conceptual plan and building elevations(H-2019-0126,DA Inst. #2020- 040967)to show a future independent senior living facility. The largest property of the nine parcels received conditional use permit(CUP)approval for the independent senior living facility in 2020 (H- 2020-0004), consistent with the new concept plan and elevations. Development Agreement Modification The approved DA(Inst. #2020-040967)includes a provision that requires the senior living parcel and the commercial parcels to provide cross-access and cross-parking. The inclusion of this provision is standard for commercial properties but should have excluded the senior living property as the City does not want cut-through traffic or shared parking between the commercial properties and the senior living project. Further,the existing approvals required a commercial drive-aisle along the rear of each commercial building lot which provides for the required cross-access—this drive aisle has been constructed per the previous approvals. The Applicant is therefore requesting the following modification to provision 5.Lc: "An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development, excluding that real probe legally described on Exhibit C to the Development Agreement,which shall be developed as multi-family development restricted to seniors, age 55 and older ,the"Excluded Property,L including the parcel at the southwest corner of this site that is not subject to this agreement. A recorded copy of said easement agreement..." Staff supports the DA Modification request because of the shared drive-aisle,the fact the senior living facility will stand on its own in terms of access and parking, and a desire for the City to limit cut-through traffic between commercial and residential properties. However, Staff does recommend a slight revision to the revised language proposed by the Applicant to make it more clear which property is excluded from this provision and remove redundant language found within an existing provision: "An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development, excluding that real property legally described in Exhibit C to the Development Agreement,which was approved as McMillan Independent Senior LivingF (H-2020-0004)and is located at 4923 N. Cortona Way(the"Excluded Property),b including the parcel at the southwest corner of this site that is not subject to this agreement. A recorded copy of said easement agreement..." V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the modified provision in Section VI.B. Page 2 B. The Meridian City Council heard these items on June 14,2022. At the public hearing.the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Anne Kunkel,Applicant Legal Representative b. In opposition:None c. Commenting:Anne Kunkel d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Staff recommendation: a. Include Staff s recommended DA language in lieu of Applicant's proposed language. VI. EXHIBITS A. Existing DA Provisions 5• CONDITIONS GOVERNING) r,VELOPME�E T Or SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the .Property in accordance with the following spmial conditions: a. Future development of this site shall substantially comply with the conceptual development plan and building elevations contained in Exhibit A of the Staff Repert that is attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit 44 , b. Development of the subject property (Le. site design and building design) is requited to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. c. An casement agreement shall be recorded granting cross-access/cross-parking to all lots in the development,including the parcel at the southwest corner 4f this site that is not subject to this agreement. A recorded copy of said easement agreement shall be subinitteti to the Planning Division prior to issuance of the first Certificate of Zoning Compliance application for the site. d. The age of the residents living in the multi-family development shall be restricted to seniors, age 55 and older. DEVELOPMENT AGREEMENT--TEN MILEANA MCMILLAN(11-2019-012fi) PAGE 3 OF 3 Page 3 B. Proposed Revisions to the existing Development Agreement Provision 5.Lc: Applicant's request: "An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development, excluding that real property legally described on Exhibit C to the Development Agreement,which shall be developed as multi-family development restricted to seniors, age 55 and older(the"Excluded Property"),but including the parcel at the southwest corner of this site that is not subject to this agreement. A recorded copy of said easement agreement..." Staff s recommended language: "An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the development, excluding that real property legally described in Exhibit C to the Development Agreement,which was approved as McMillan Independent Senior LivingFacility(H-2020-0004) and is located at 4923 N. Cortona Way(the"Excluded Property"),but including the parcel at the southwest corner of this site that is not subject to this agreement. A recorded copy of said easement agreement..." C. Noted"Exhibit C,Excluded Property"from revised DA provision: Parcel"A' A parcel of Land located in a portico of mck 12 of the Amended Plat of Verona Subdivision No-4, as the same is shown on the officraf plat thereof,filed in Book 102 of Plats at Page 13476,Ada County Records, and shown as Parcel A on Record of Survey No_ 12081, recorded November 6,2019,as Instrument No.2019-1 10665,being situate in the Southwest quarter of Section 26;Township 4 North.Range 1 West_Boise Meridian,City of Meridian,Ada County, Idaho,hieing more particularly described as follows: Commencrng at the Southwest comer of said Section 26(from which the South quarter comer of said Section 26 bears South 88'58'52"East,2602_82 feet distant),thence North 00*21*16'East,848.02 feet on the West Section line of said Section 26.thence Leaving said west section line,South 88'58'52'East.30.DO feet to the Northwest corner of said Amended Pleat of Verona Subdivision No_4,said point being common with the Easterly right-of-way of North Ten Mile Road and the Southerly right-of-way of West Milano Drive;thence South 88'58'52"East,296.55 feet on the Northerly boundary tine of said Amended Plat of Verona Subdivision No.4.said point being the POINT OF BEGINNING;thence The foilowing eight(8)courses and distances on the Northerly and Easterly boundary line of said Amended Plat of Verona Subdivision No.4: South 88'58'52"East,74.70 feet_thence South 82'0354'East,321.73 feet to a point of curvature;thence 22M09 feet an the-arc of a curve to the right,having a radius of 153.00 feet,a central angle of 82'2514`,and along chord bearing South 40'51'19r East,201,60 feet;thence South 00'21'16'Westr 60.32 feet;thence South DD'24'03'East,151.75 feet;thence South DU'21'16'West,60.17 feet;thence North 89'35'57'East, 117.34 feet to a porcrt of curvature;thence 107.98 feet on the arc of a curve to the right,having a radius of 273.00 feet,a central angle of 22'39'43'.and a long chord bearing South 20°53'49East, 10728 feet;thence Leaving said Easterly boundary line,NorM 90'00'00"West.458.40 feet to a point of curvature;thence 43.96 feet on the arc of a curve to the right,having a radius of 84.00 feet,a central angle of 29'59'54',and a long chord bearing North 75"00103"West,43.48 feet;thence North 60'00'06'West,66.00 feet to a point of curvature;thence 58.68 feet on the are of a curve to the left,having a radius of 116.00 feet,a central angle of 28'59104'r and a long chord bearing North 74'29'38'West,58.D6 feet;thence North 88'59'10'West,48.40 feet to a Point of Curvature;thence 29.49 feet on the are of a curve to the right,having a radius of 1900. feet,a central angle of 88°55'10",and a long chord bearing North 44'31'35"West,26.62 feet:thence North 00'04'00'West,490.25 feet to the POINT OF BEGINNING. 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